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STATE EX REL. DESELM v. KNOX COUNTY COM'N

No. E2008-02627-COA-R3-CV.

342 S.W.3d 1 (2010)

STATE of Tennessee, ex rel., Bee DeSELM, et al., v. KNOX COUNTY COMMISSION, et al.

Court of Appeals of Tennessee, Eastern Section, at Knoxville.

July 30, 2010.

Petition to Rehear Denied October 26, 2010.

Permission to Appeal Denied by Supreme Court January 21, 2011.

Attorney(s) appearing for the Case

Herbert S. Moncier , Knoxville, Tennessee, for the appellants, State of Tennessee, ex rel. Bee DeSelm, Donna Brian, Michael Whalen, Jerry Bone and Bee DeSelm, Donna Brian, Michael Whalen, and Jerry Bone, Individually.

Martha H. McCampbell , Albert J. Harb , John K. King , Michael S. Ruble , Wayne A. Ritchie, II. , and Richard T. Beeler , Knoxville, Tennessee, for the appellees, Knox County, Tennessee, Knox County Trustee, Fred Sisk, Knox County Register of Deeds, Sherry Witt, Knox County Sheriff, James "J.J." Jones, and Charles Bolus.

HERSCHEL PICKENS FRANKS, P.J., delivered the opinion of the Court, in which CHARLES D. SUSANO, JR., J., and D. MICHAEL SWINEY, J., joined.

OPINION

Plaintiffs' action sought the removal of twelve Knox County office holders who had been appointed by the Knox County Commission in violation of the Open Meetings Act, according to plaintiffs' complaint. Another action, independent of plaintiffs' action, sought removal of the office holders on the grounds that the office holders had been appointed in violation of the Open Meetings Act. Plaintiffs were allowed to intervene in the independent case which, following...

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